Bill Text: IL HB4220 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4220 Detail]

Download: Illinois-2023-HB4220-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
325 ILCS 5/7.4b new
Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding.
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A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act is
amended by adding Section 7.4b as follows:
(325 ILCS 5/7.4b new)
Sec. 7.4b. Notification of parents' and caregivers'
rights.
(a) After initiating an abuse or neglect investigation of
a parent, legal guardian, or other person having legal custody
of a child, the Department shall, at the time of first contact,
provide the person with a written summary of the following
information:
(1) the known allegations and factual claims the
Department is investigating;
(2) the Department's procedures for conducting an
investigation of alleged child abuse or neglect,
including:
(A) a description of the circumstances under which
the Department may take temporary protective custody
of the child and petition a court for temporary
custody of the child;
(B) a statement that State law requires the

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Department to refer all reports of alleged child abuse
or neglect to the appropriate local law enforcement
agency for consideration of a separate criminal
investigation or other action;
(C) an explanation that any statement or admission
the person makes to a child protective investigator or
to any other individual may be used against the
person:
(i) in a criminal case;
(ii) as a basis to temporarily or permanently
remove from the person's care, custody, or control
the child who is the subject of the investigation
or any other child in the household; or
(iii) as a basis to terminate the person's
parental rights, guardianship, or custodianship of
the child who is the subject of the investigation
or of any other child in the household;
(3) the person's right to file a complaint with the
Department or request a review of the Department's
investigative findings;
(4) the person's right to review all records of the
Department's investigation within 24 hours of making the
request unless such review would undermine an ongoing
criminal investigation or jeopardize the child's safety,
such as protected confidential information;
(5) the person's right to seek legal counsel;

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(6) citations to the statutory and regulatory
provisions governing child abuse and neglect
investigations conducted by the Department and
instructions on how the person may obtain access to or
copies of those statutory and regulatory provisions;
(7) the process the person may use to acquire access
to the child who is the subject of the investigation, or to
any other child from the household, if the child is
removed from the home; and
(8) if a petition is filed in court, have a
court-appointed attorney if the person is indigent.
(b) The Department shall also provide a verbal
notification of the person's right to:
(1) not speak with any agent of the Department without
an attorney present;
(2) receive assistance from an attorney;
(3) record any interaction or interview the person has
with a child protective investigator or any other agent of
the Department with the understanding that upon court
order the person may be required to disclose the recording
to the Department, a law enforcement agency, or another
party;
(4) refuse to allow a child protective investigator to
enter the home or interview the child without a court
order;
(5) have an attorney present before allowing a child

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protective investigator to enter the home or interview the
child;
(6) withhold consent to the release of any medical or
mental health records;
(7) withhold consent to any medical or psychological
examination of the child;
(8) refuse to submit to a drug test; and
(9) prior to implementing any safety plan, consult
with an attorney prior to agreeing to any proposed safety
plan.
(c) The Department shall provide a verbal notification to
the child of the child's right to have an adult the child is
comfortable with present during any investigatory interview
with the Department.
(d) The child protective investigator assigned to
investigate the report of abuse or neglect shall document in
the case record that the investigator provided the written
summaries and verbal notifications as required under this
Section. The Department shall develop a form for the purpose
of verifying that a parent, guardian, or legal custodian under
investigation for child abuse or neglect received the written
summaries and verbal notifications required under this
Section. If a parent, guardian, or legal custodian under
investigation for child abuse or neglect does not receive the
written summaries and verbal notifications, any information
obtained from such person by the child protective investigator

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